179. How to properly calculate meeting notice periods
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This week, Reena shares both a win and a challenge around her recent dealings with insurance brokers; I clarify the rules around general meeting notice periods, including the legislation you need to refer to for the ‘7 clear days notice’ rule (hint: it’s not the strata legislation). Plus, we discuss the very first collective sale decision from the NSW Land & Environment Court.
Sher Global Enterprises Pty Ltd v Owners – Strata Plan 31758 [2018] NSWSC 1057
Strata Schemes Management Act 1996 (NSW), Schedule 2, ss 32, 33, 34, 34A and 35 – meaning of “must”
In Sher Global the Judge found it unnecessary to determine if s 32 required strict compliance as set out in Sahade (see para 83 of Sher Globa) but the Judge did conclude that the “must” found in all the other sections were procedural and did not require strict compliance.
There are a number of cases where the ‘must’ relating to service of notice has resulted in a general meeting being invalidated but it also appears that some Judges aren’t sold on that concept otherwise Harrison AsJ would not be reasoning “… This makes it unnecessary to consider whether clause 32 requires strict compliance as set out in Sahade.”
Perhaps strict compliance with the notice period is no longer a done deal since cases like 2EBR which reduced the Act to a dogs breakfast.
Excellent points. Thanks for your insights, as always, Stephen.